₦airaland Forum

20yrs Ago When Tinubu Was Gov, S'Court Declined An Application To Withhold Allocation-Chidi Odinkalu
News Hub CreatorOct 30, 2024 4:07 PM


Nigerian lawyer and human rights activist, Prof Chidi Odinkalu has taken to his official X account to react after court stopped the Central Bank of Nigeria from releasing allocations to the government of Rivers state.

According to PUNCH, Justice Joyce Abdulmalik of the Federal High Court in Abuja on Wednesday stopped the Central Bank of Nigeria from further releasing monthly financial allocations to Rivers State Government.

According to a post that Prof Chidi Odinkalu made on his page on Wednesday, he said 20 years ago when Bola Ahmed Tinubu was the governor of Lagos state, the Supreme Court of Nigeria declined an application to withhold the federation account allocations of Lagos state LGAs. He said today, a judge of the Federal High Court has overruled the Supreme Court.

According to Chidi Odinkalu;

"20 years ago, while Tinubu was governor of Lagos state, Supreme Court declined an application to withhold the federation account allocations of Lagos LGAs.


"Today, a judge of Federal High Court overruled the Supreme Court. This is not Rule Of Law; it is tyranny of the outlaw".

Good2go1:
20yrs Ago When Tinubu Was Gov, S'Court Declined An Application To Withhold Allocation-Chidi Odinkalu
News Hub CreatorOct 30, 2024 4:07 PM
Nigerian lawyer and human rights activist, Prof Chidi Odinkalu has taken to his official X account to react after court stopped the Central Bank of Nigeria from releasing allocations to the government of Rivers state.
According to PUNCH, Justice Joyce Abdulmalik of the Federal High Court in Abuja on Wednesday stopped the Central Bank of Nigeria from further releasing monthly financial allocations to Rivers State Government.
According to a post that Prof Chidi Odinkalu made on his page on Wednesday, he said 20 years ago when Bola Ahmed Tinubu was the governor of Lagos state, the Supreme Court of Nigeria declined an application to withhold the federation account allocations of Lagos state LGAs. He said today, a judge of the Federal High Court has overruled the Supreme Court.
According to Chidi Odinkalu;
"20 years ago, while Tinubu was governor of Lagos state, Supreme Court declined an application to withhold the federation account allocations of Lagos LGAs. "Today, a judge of Federal High Court overruled the Supreme Court. This is not Rule Of Law; it is tyranny of the outlaw".

The Federal High Court did not go against the Supreme Court but rather the Supreme Law of the land, the Nigerian Constitution which stipulates that only the House of Assembly, both at the National and State, can make decisions as far as allocations Local Government allocations to any of the 774 LGAs in Nigeria. Nigerian courts have no power or say granted them by the Supreme Law of the Land — the Constitution— as far as those LG allocations are concerned.

The circumstances are not the same.

Lagos issue arose over dispute arising from the State creating additional Local Government areas to which Obasanjo denied the state their due federal allocations .

In the case of Rivers, there's no budget .

What Fubara is using as budget to run the state was passed by a mere four sitting members - a number not even constitutionally enough to form a quorum.

The budget has been declared illegitimate because its passage by only four members did not meet the constitutional required amount of law makers to form a quorum.

Thus, Rivers executive governor is running an illegal budget and has usurped the constitutional role of the legislative branch with the continued impasse involving the remaining 22 duly elected legislators.

If Tinubu is to bypass the NASS, shut both chambers down and have a hand few of senators and reps to sign and approve his budget while ensuring the NASS remains under lock and key to the rest of elected Senators and Reps, there would be massive riots across the country.

Why then is Fubara being seen as some hapless individual when he is clearly the tyrant here?

Sometimes, it is good we allow things to happen or nature to take its course so certain secrets be exposed. This Tinubu Presidency has revealed so much about him and everything he represents in this life

He was an advocate for true federalism, today he dare not mention it
He fought against fuel subsidy removal but today removes it and still pay through the backdoor

The judge was right on this occasion


5 members out of 22 cannot pass a Budget in the State House of Assembly

AntiZikist:
■ The circumstances are not the same. Lagos issue arose over dispute arising from the State creating additional Local Government areas to which Obasanjo denied the state their due federal allocations .
In the case of Rivers, there's no budget .What Fubara is using as budget to run the state was passed by a mere four sitting members - a number not even constitutionally enough to form a quorum.The budget has been declared illegitimate because its passage by only four members did not meet the constitutional required amount of law makers to form a quorum. Thus, Rivers executive governor is running an illegal budget and has usurped the constitutional role of the legislative branch with the continued impasse involving the remaining 22 duly elected legislators.
■ If Tinubu is to bypass the NASS, shut both chambers down and have a hand few of senators and reps to sign and approve his budget while ensuring the NASS remains under lock and key to the rest of elected Senators and Reps, there would be massive riots across the country.
Why then is Fubara being seen as some hapless individual when he is clearly the tyrant here?

Your position on this makes no sense at all. If the State has no budget(or the State has a budget), what has that to do with LG and LG allocations?

2. According to the Supreme Law of the Land, Tinubu has no right to stop State or LG allocations. All that is happening here are politicians and judges basically taking a piss at the Constitution and Nigerians backing the foolishness.

Christistruth02:
The judge was right on this occasion. 5 members out of 22 cannot pass a Budget in the State House of Assembly

What does the state house budget have to do with LG allocations though? Why didn't the judge go after the state but instead choose to freeze LG allocations? Does that make sense of any kind?

Kobojunkie:
Your position on this makes no sense at all. If the State has no budget(or the State has a budget), what has that to do with LG and LG allocations?

2. According to the Supreme Law of the Land, Tinubu has no right to stop State or LG allocations. All that is happening here are politicians and judges basically taking a piss at the Constitution and Nigerians backing the foolishness.

I have decided not to engage idiots anymore .

Pls don't mention me ever again in this forum.

AntiZikist:
The circumstances are not the same.

Lagos issue arose over dispute arising from the State creating additional Local Government areas to which Obasanjo denied the state their due federal allocations .

In the case of Rivers, there's no budget .

What Fubara is using as budget to run the state was passed by a mere four sitting members - a number not even constitutionally enough to form a quorum.

The budget has been declared illegitimate because its passage by only four members did not meet the constitutional required amount of law makers to form a quorum.

Thus, Rivers executive governor is running an illegal budget and has usurped the constitutional role of the legislative branch with the continued impasse involving the remaining 22 duly elected legislators.

If Tinubu is to bypass the NASS, shut both chambers down and have a hand few of senators and reps to sign and approve his budget while ensuring the NASS remains under lock and key to the rest of elected Senators and Reps, there would be massive riots across the country.

Why then is Fubara being seen as some hapless individual when he is clearly the tyrant here?

Make una get sense na, all these cases u are referring to all are in court ad stay of execution has been dully activated or about to be activated so why the hurry? If supreme Court says otherwise if you like u can jump from the heavens no one cares but as long as the cases has not been finalized status quo remains. Make una rest

AntiZikist:
The circumstances are not the same.

Lagos issue arose over dispute arising from the State creating additional Local Government areas to which Obasanjo denied the state their due federal allocations .

In the case of Rivers, there's no budget .

What Fubara is using as budget to run the state was passed by a mere four sitting members - a number not even constitutionally enough to form a quorum.

The budget has been declared illegitimate because its passage by only four members did not meet the constitutional required amount of law makers to form a quorum.

Thus, Rivers executive governor is running an illegal budget and has usurped the constitutional role of the legislative branch with the continued impasse involving the remaining 22 duly elected legislators.

If Tinubu is to bypass the NASS, shut both chambers down and have a hand few of senators and reps to sign and approve his budget while ensuring the NASS remains under lock and key to the rest of elected Senators and Reps, there would be massive riots across the country.

Why then is Fubara being seen as some hapless individual when he is clearly the tyrant here?

Obidents won't apply logic to anything, it's just emotions.

psucc:
Sometimes, it is good we allow things to happen or nature to take its course so certain secrets be exposed. This Tinubu Presidency has revealed so much about him and everything he represents in this life

He was an advocate for true federalism, today he dare not mention it
He fought against fuel subsidy removal but today removes it and still pay through the backdoor

I already edited my comment, to avoid unnecessary back and forth.

20 years ago did TINUBU passed budget with 4 lawmakers

Good2go1:
20yrs Ago When Tinubu Was Gov, S'Court Declined An Application To Withhold Allocation-Chidi Odinkalu
News Hub CreatorOct 30, 2024 4:07 PM


Nigerian lawyer and human rights activist, Prof Chidi Odinkalu has taken to his official X account to react after court stopped the Central Bank of Nigeria from releasing allocations to the government of Rivers state.

According to PUNCH, Justice Joyce Abdulmalik of the Federal High Court in Abuja on Wednesday stopped the Central Bank of Nigeria from further releasing monthly financial allocations to Rivers State Government.

According to a post that Prof Chidi Odinkalu made on his page on Wednesday, he said 20 years ago when Bola Ahmed Tinubu was the governor of Lagos state, the Supreme Court of Nigeria declined an application to withhold the federation account allocations of Lagos state LGAs. He said today, a judge of the Federal High Court has overruled the Supreme Court.

According to Chidi Odinkalu;

"20 years ago, while Tinubu was governor of Lagos state, Supreme Court declined an application to withhold the federation account allocations of Lagos LGAs.


"Today, a judge of Federal High Court overruled the Supreme Court. This is not Rule Of Law; it is tyranny of the outlaw".

The cases are not same

omowolewa:
The cases are not same

The judge in this case overstepped his bounds.

It is so obvious that Odinkalu hate anything that comes out from Nigeria Judiciary, yet he retain being a Lawyer in the Nigeria System.

This case is a clear one and should never be compared to what happened in Lagos during Tinubu's era. But trust Obedient, Ipob, and haters of the President, they will see sense in what the Prof. said just because Tinubu has been dragged into it.

Fubara should re submit the Budget to the Amaewhule led Assembly being the legitimate House and the allocation will continue - it's as simple as that.

But if Gov. Sim like, he should keep allowing failure to mislead him.

Kobojunkie:
Your position on this makes no sense at all. If the State has no budget(or the State has a budget), what has that to do with LG and LG allocations?

2. According to the Supreme Law of the Land, Tinubu has no right to stop State or LG allocations. All that is happening here are politicians and judges basically taking a piss at the Constitution and Nigerians backing the foolishness.

To start with, the Supreme Court rightly ruled in 2004 that Mr. President has no power under the Constitution to unilaterally withhold the allocation of a state.

So what happened in 2004? Governor Bola Tinubu of Lagos State created additional 37 Lgas to increase Local Governments in Lagos State to 57 from 20. Obasanjo disagreed and ordered him to revert back to 20 since the additional 37 were not listed in the constitution. Tinubu disagreed but changed the name to LCDAs. Obasanjo then ordered the Minister of Finance and CBN governor not to release the Local Government allocation of Lagos state until the new LGA/LCDAS are scrapped.

Tinubu went to court and the then CJN, Hon Justice Uwais ruled that Mr. President does not have the power under the law to unilaterally withhold the allocation of any state without a court order.


In the case of Rivers State, Mr. President did not give anybody any order to withhold the allocation of the state. Elected lawmakers from Rivers state approached the Federal High court to determine the legality of the state’s 2024 budget passed by 5 members out of 32. The Federal High Court ruled that the budget was not legally passed and should be represented to the full house for passage. The judgement was also reaffirmed by the Appeal Court. Instead of the governor to obey the court judgement, he opted to disregard the judgement and continue with the implementation of an illegal budget.

Following the governor’s disregard of a valid court judgement, the lawmakers again approached a federal high court to get an order to stop the CBN and Minister of Finance from further releasing Rivers state funds to the governor since the state budget he is implementing has been invalidated by a court of competent jurisdiction. The Court agreed with the lawmakers opinion that releasing further allocation to the governor would amount to encouraging unconstitutionality and disregard to rule of law. The court then gave an order stoping the Minister of Finance, Accountant General of the Federation and the CBN governor from further releasing allocation to Rivers state till a proper budget is passed into law.


Again, let me also state that CBN was a party to the case and they objected to the relief sought by the plaintiffs. That is, they supported Rivers state government’s position that the court should not grant the order to withhold the allocation. The court in its wisdom overruled the objection of CBN.

So, it’s very clear that there is a huge difference between what happened in 2004 and resent court judgement in respect of Rivers state allocation. President Tinubu did not issue any order to stop the release of funds to Rivers state because he has no such powers. In fact, he objected to the order through CBN but was overruled. The order was issued by a court of competent jurisdiction and until it is set aside by a superior court, it remains valid and enforceable. Instead of trying to blackmail Mr. President with a decision he’s not even a party to, we should all encourage the governor to do the right thing by obeying the judgement of the appeal court.

Chidi Odinkalu is arguing blindly was the Lagos state circumstances the same with river state.

Imaging a so call prof reasoning like a secondary school drop-out.

AntiZikist:
The circumstances are not the same.

Lagos issue arose over dispute arising from the State creating additional Local Government areas to which Obasanjo denied the state their due federal allocations .

In the case of Rivers, there's no budget .

What Fubara is using as budget to run the state was passed by a mere four sitting members - a number not even constitutionally enough to form a quorum.

The budget has been declared illegitimate because its passage by only four members did not meet the constitutional required amount of law makers to form a quorum.

Thus, Rivers executive governor is running an illegal budget and has usurped the constitutional role of the legislative branch with the continued impasse involving the remaining 22 duly elected legislators.

If Tinubu is to bypass the NASS, shut both chambers down and have a hand few of senators and reps to sign and approve his budget while ensuring the NASS remains under lock and key to the rest of elected Senators and Reps, there would be massive riots across the country.

Why then is Fubara being seen as some hapless individual when he is clearly the tyrant here?

Disputes between any state (or states) and federal government are settled by the Supreme Court. High courts and appeal courts have no business with these issues

givedemwotowoto:
Disputes between any state (or states) and federal government are settled by the Supreme Court. High courts and appeal courts have no business with these issues

Otondo, the VAT issue was settled by a Federal High Court .

The first place of arbitration between the FG and States is at the Federal High Court .

ALTERNATEID:
■ In the case of Rivers State, Mr. President did not give anybody any order to withhold the allocation of the state. Elected lawmakers from Rivers state approached the court the determine the legality of the state’s 2024 budget passed by 5 members out of 32. The Federal High Court ruled that the budget was not legally passed and should be represented to the full house for passage. The judgement was also reaffirmed by the Appeal Court. Instead of the governor to obey the court judgement, he opted to disregard the judgement and continue with the implementation of an illegal budget.
Following the governor’s disregard of a valid court judgement, the lawmakers again approached a federal high court to get an order to stop the CBN and Minister of Finance from further releasing Rivers state funds to the governor since the state budget he is implementing has been invalidated by a court of competent jurisdiction. The Court agreed with the lawmakers opinion that releasing further allocation to the governor would amount to encouraging unconstitutionality and disregard to rule of law. The court then gave an order stoping the Minister of Finance, Accountant General of the Federation and the CBN governor from further releasing allocation to Rivers state till a proper budget is passed into law.
Again, let me also state that CBN was a party to the case and they objected to the relief sought by the plaintiffs. That is, they supported Rivers state government position that the court should not grant the order to withhold the allocation. The court in its wisdom overruled the objection of CBN.
So, it’s very clear that there is a huge difference between what happened in 2004 and yesterday’s court judgement. President Tinubu did not issue any order to stop the release of funds to Rivers state because he has no such powers. In fact, he objected to the order through CBN but was overruled. Yesterday’s order was issued by a court of competent jurisdiction and until it is set aside by a superior court, it remains valid and enforceable.

Let's be clear. I am not concerned about 2004 since the Constitution of Nigeria is clear on who has authority and what kind where the allocations belonging to the LGs are concerned. Section 7 is clear on that. Only NASS and the State Senate can make decisions as far as LG allocations. Governors don't even have the right to dip their hands into that account except to direct the final funds decided by the State Assembly to the individual LGs in the state.

What is clear is that LG fund IS NOT a State fund. Also, the courts have no jurisdiction granted them by Law over the LG funds.

AntiZikist:
Otondo, the VAT issue was settled by a Federal High Court .

The first place of arbitration between the FG and States is at the Federal High Court .

False. Let me clarify you on the law.

The state(s) or FG can approach the Supreme Court directly to settle a matter once and for all (e.g. Kaduna, Kogi, Zamfara vs FG on naira redesign policy). But if they’re seeking interpretation on a matter, they can also approach lower courts to give them a better interpretation of the law first. If either party doesn’t like the interpretation of the lower courts, then they can take it all the way to the Supreme Court to settle the matter, like the VAT case.

Section 232(1) of the 1999 Constitution grants the Supreme Court original jurisdiction to settle disputes between FG and States. It doesn't give this power to lower courts.

In the VAT case, the states started from the high court to seek interpretation of the law. That is fine. The lower courts can give their interpretations but they don't have jurisdiction to order the FG agency to enforce it. Only the Supreme Court can do that.

In the revenue allocation case, the High Court has no business ordering the CBN to stop releasing funds to a state. Since the case was brought to them, they can interpret that the Rivers budget is constitutional or unconstitutional without giving themselves the power to stop revenue allocation or not.

Whether to stop revenue allocation or not to a state is purely a FG vs state matter, which can only be decided by the Supreme Court.

Mumu charge and bail lawyer.